Business

GENERAL TERMS AND CONDITIONS OF SALE AND USE

OVERVIEW

This website is operated by Facilis Inc. On this site, the terms "we", "us" and "our" refer to Facilis Inc. Facilis Inc provides this website, including all information, tools and services available to you, the user, subject to your acceptance of all terms, conditions, policies and notices set forth herein.

By visiting this site and / or purchasing one of our products, you agree to our "Service" and agree to be bound by the following terms and conditions ("General Conditions of Sale", "General Conditions of Sale and Use" , "Conditions"), including the additional terms, conditions and policies referred to herein and / or accessible by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and / or content contributors.

Please read these Terms of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use the services provided there. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

All new features and tools that will be added later to this store will also be subject to these Terms and Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Sale and Use by posting updates and / or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of the website or your access to it after the posting of any changes constitutes your acceptance of those changes.

ARTICLE 1 - TERMS OF USE

By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor is under your responsibility to use this website.

The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in connection with the use of the Service, violate the laws of your jurisdiction (including but not limited to copyright).

You must not transmit worms, viruses or any other code of destructive nature.

Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.

ARTICLE 2 - GENERAL CONDITIONS

We reserve the right to deny access to services to anyone at any time for any reason whatsoever.

You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this implies (a) transmissions over various networks; and (b) changes to comply with and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree to not reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior written express consent.

The titles used in this agreement are included for your convenience, and will not limit or affect these Terms.

ARTICLE 3 - ACCURACY, COMPREHENSIVENESS AND CURRENT INFORMATION

We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain some previous information. This past information, by its nature, is not up-to-date and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 - AMENDMENTS TO SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (as well as any part or content of the Service) without prior notic.

We will not be liable to you or any other third party for any price changes, or Service suspension or interruption.

ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.

We have done our best to display as clearly as possible the colors and images of our products appearing in our site. We can not guarantee that the color display on your computer screen will be accurate.

We reserve the right, but are not obliged to do so, to limit the sale of our products or services to any person, geographic area or jurisdiction. We could exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any service or product presented in this site is void where phrohibited by law.

We do not warrant that the quality of any products, services, information, or other merchandise you have obtained or purchased will meet your expectations, nor that any error in the Service will be corrected.

ARTICLE 6 - ACCURACY OF INVOICING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may,at our sole discretion, reduce or cancel the quantities purchased per person, company or order. These restrictions could include orders placed by or from the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we modify an order or cancel it, we may attempt to notify you by contacting you at the email and / or billing address / phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.

You agree to provide up-to-date, complete and accurate order and account information for all orders placed in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we may complete your transactions and contact you as necessary.

ARTICLE 7 - FEES AND PAYMENT FOR SERVICES

This Article 7 applies to Service Orders that you place directly with us. If you order the Services at an approved Source, your agreement with the approved Source will stipulate the applicable payment terms.

a) Payment Terms. The fees for the Services, if any, are described in the Order. Fees may also include excess quantities or per-use fees, which will be described in the Order, and you agree to pay such amounts or fees if you incur them. You accept that we debit your credit card or bill you all amounts due in connection with your use of the Services. You agree that your banking information and related personal data may be disclosed to third parties for the purposes of payment processing and fraud prevention.

b) Late payment. Any amount not paid by you at maturity generates interest from the due date until payment is made at a rate of at least: (i) 10 per cent per annum, or (ii) the minimum rate permitted by law . We may suspend access to the Services for non-payment of undisputed fees. We are entitled to recover a reasonable amount that falls within the collection of unpaid fees due.

c) Cost-Related Disputes. You may withhold amounts that you reasonably and bona fide dispute over the amounts owing. You will pay the uncontested fees. If you withhold payment in the event of a dispute, you must notify us in writing of all disputed charges within 15 days of the date of the invoice and provide us with information regarding your dispute in writing. Once we receive your dispute notice, we will contact you to resolve the dispute in good faith. If we are unable to resolve the dispute within 30 days, Facilis Inc. may terminate the Services after giving you an extra 10 days written prior notice.

d) Taxes. You will pay all taxes on sales, value added, general standard and similar taxes (excluding taxes based on our net profit), levies, fees or charges imposed by a governmental authority, related to or arising from your use of the Services.Facilis Inc. reserves the right to increase the price of the Services on an invoice if a deduction prevents Facilis Inc. from receiving the amount indicated on the invoice.

Account Updating Services: Facilis Inc, may participate in account maintenance services or recurring billing programs, supported by your credit card provider to which you are enrolled ("Program"). As part of this program, your credit card provider may notify us of a change to your credit card number and / or expiration date. In accordance with the requirements of the program, in the event that we are informed of an update of your credit card number and / or its expiry date, Facilis Inc. may automatically update your payment profile on your behalf. Facilis Inc. does not guarantee to be responsible for requesting or receiving payment card update information. You acknowledge and agree that it is your sole responsibility to modify and maintain your account settings, including but not limited to: (i) defining your renewal options and (ii) ensuring that your associated payment method (s) is (are) valid. In addition, you acknowledge and agree that failure to do so may result in service interruption, and that Facilis Inc. can not be liable to you or any third party in that regard.

ARTICLE 8 - FREE USE OF SERVICES

This Article 8 only concerns people who use the Services free of charge. Notwithstanding anything in this Agreement to the contrary, you agree that:

a) Some features may require you to upgrade to a paid version of the Services to enable certain features or use them beyond a specified limited quantity;

b) We may change the features of the Services at our discretion: and

c) Facilis Inc. may disable or delete your account and all data, information and files and deny access to these data, information and files, for any reason. This action may include, among other things, accessing your Content or data and / or terminating your use of the Services or specific features with nod liability. We may automatically delete your Content after you stop using the Service or if your exceed the pre-specified limited quantity of Storage Service.

ARTICLE 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we do not track, and over which we have no control or influence.

You acknowledge and agree that we provide access to such tools "as is" and "as available" with no warranties, representations or conditions of any kind and without any approval. We will have no legal liability resulting from or related to the use of these optional third party tools.

If you use the optional tools offered on the site, you do so at your own risk and at your own discretion, and you should consult the conditions under which these tools are offered by the relevant third party supplier (s).

We may also, in the future, offer new services and / or new features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.

ARTICLE 10 - THIRD PARTY LINKS

Certain content, products and services available through our Service may include material from third parties.

Links from third parties on this site may redirect you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, product, service or other item accessible to or from these third-party sites.

We are not responsible for any loss or damage related to the purchase or use of any goods, services, resources, content, or any other transaction made in connection with these third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties must be submitted to these same third parties.

ARTICLE 11 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS

If, at our request, you submit specific content (for example, to participate in contests), or if without request from us, you send creative ideas, suggestions, proposals, plans or other elements, whether online, by e-mail, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute , translate and use otherwise and in any media any comment you send us. We are not and shall not be required (1) to maintain the confidentiality of comments; (2) pay compensation to anyone for any comment provided; (3) respond to comments.

We may, but have no obligation to do so, monitor, modify or delete content that we, at our sole discretion, believe to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.

You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or property rights. You further agree that your comments will not contain any unlawful, defamatory, offensive or obscene content, nor that they contain any computer viruses or other malicious software that could in any way affect the operation of the Service. or any other associated website. You may not use a false e-mail address, pretend to be someone you are not, or try to mislead us and / or third parties as to the source of your comments. You are fully responsible for all comments you post as well as their accuracy. We assume no responsibility and disclaim any commitment to any comments you post or that any other third party publishes.

ARTICLE 12 - PERSONAL INFORMATION

ARTICLE 13 - ERRORS, INACCURACIES AND OMISSIONS

There may be some information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers,shipping fees, delivery times and availability. We reserve the right to correct any error, inaccuracy, omission, and to change or update information or cancel orders, if any information in the Service or on any other associated website is inaccurate,at any time and without prior notice (including after you have placed your order).

We are under no obligation to update, modify or clarify the information in the Service or any other associated website, including but not limited to pricing information, except as required by law. No set date of update or update in the Service or any other associated website should be taken into account to conclude that the information in the Service or any other associated website has been modified or updated.

ARTICLE 14 - PROHIBITED USES

In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its contents: (a) for illegal purposes; (b) to induce third parties to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate against anyone on the grounds of sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will be or may be used in a way that compromises the functionality or operation of the Service or any other associated, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to undermine or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.

ARTICLE 15 - EXCLUSION OF GUARANTEES AND LIMITATION OF LIABILITY

We do not warrant or pretend that your use of our Service will be uninterrupted, fast, secure or error-free.

We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without prior notice to you.

You expressly agree that your use of the Service, or your inability to use the Service, is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or of good merchantable quality adaption, fitness for a particular purpose, durability, title and non-infringement.

Facilis Inc., our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors can in no way be held liable for any injury, loss, claim, or for direct, indirect, incidental, consequential, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, income, savings, data, replacement costs or any similar damages, whether contractual, tort (even in negligence), strict liability or otherwise, resulting from your use of any service or product from this Service, or any other claim related in any way to your use of the Service or any product, including but not limited to any error or omission in any Content, or any loss or damage of any kind arising from the use of any the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been warned of the possibility that they will occur. Because some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability will be limited to the maximum extent permitted by law.

ARTICLE 16 - INDEMNITY

You agree to indemnify, defend and protect Facilis Inc., our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees, any claim or demand, including reasonable attorney's fees, made by any third party due to or arising from your violation of these Terms of Sale and Use or the documents to which they refer, or your violation any law or the rights of a third party.

ARTICLE 17 - SEVERAILITY

In the event that any provision of these Terms and Conditions of Sale and Use is deemed illegal, void or unenforceable, this provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable part shall be considered as being dissociated from these General Conditions of Sale and Use, this dissociation shall not affect the validity and applicability of all remaining provisions.

ARTICLE 18 - TERMINATION

The obligations and liabilities incurred by the parties prior to the termination date will remain in effect after the termination of this agreement for all purposes.

These Terms and Conditions of Sale and Use are effective unless and until they are terminated by you or not. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If we determine, at our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you and you will remain liable for all amounts owing up to and including the date of termination, and / or we may deny you access to our Services (or any part thereof ).

ARTICLE 19 - ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use should not constitute a waiver of such right or provision.

These Terms and Conditions of Sale and Use or any other policy or operating rule that we publish on this Site or in connection with the Service constitute the entire agreement and agreement between us and govern your use of the Service, and replace all prior and contemporaneous communications, proposals and agreements, oral or written, between us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).

Any ambiguity as to the interpretation of these General Conditions of Sale and Use should not be interpreted to the detriment of the writing party.

ARTICLE 20 - APPLICABLE LAW

These Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you Services will be governed by and construed under the laws in force ,in the province of Quebec, Canada.

ARTICLE 21 - AMENDMENTS TO THE GENERAL CONDITIONS OF SALE AND USE

You can consult the most recent version of the General Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to see if any changes have been made. Your continued use of or access to our site following the publication of any changes to these Terms and Conditions constitutes acceptance of these changes.

ARTICLE 22 - CONTACT

Questions regarding the General Conditions of Sale and Use should be sent to info@mybys.com.